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HomeMy WebLinkAboutR-03-1155City of Miami Legislation Resolution: R-03-1155 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0179 Final Action Date: 11/13/2003 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A PERPETUAL, NON-EXCLUSIVE TEN (10) FOOT WIDE GRANT OF EASEMENT FOR ON CITY -OWNED PROPERTY AT THE MELREESE GOLF COURSE, LOCATED AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO FLORIDA POWER & LIGHT COMPANY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES TO SERVICE EXCLUSIVELY CITY -OWNED PROPERTY, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE, OR THE SIZE, OR REMOVE ANY AND ALL SUCH FACILITIES WITHIN THE EASEMENT WITH FULL RIGHT OF INGRESS AND EGRESS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE, EXECUTING A JOINDER AND CONSENT TO THE EASEMENT, ATTACHED AND INCORPORATED, FOR SAID PURPOSE. WHEREAS, the State of Florida Department of Transportation ("FDOT") is planning to expand the access ramps along Le Jeune Road near Miami International Airport as part of the proposed construction of the Miami Intermodal Center; and WHEREAS, FDOT has requested that all utilities in conflict with their proposed construction, be relocated prior to the commencement of construction; and WHEREAS, Florida Power & Light Company ("FPL") has requested that they be granted an easement from the City of Miami ("CITY") on City -owned property known as the Melreese Golf Course to relocate, construct, operate and maintain overhead and underground electric utility facilities that conflict with the proposed expansion of the access ramps; and WHEREAS, granting this easement to FPL is necessary for FPL to continue to provide electrical service to Melreese Golf Course; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A perpetual, non-exclusive ten (10) foot wide Grant of Easement for City -owned property located at Melreese Golf Course located at 1400 Northwest 37th Avenue, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated, is granted to FPL for the construction, operation and maintenance of overhead and underground electric utility facilities to service exclusively City -owned property, with the right to reconstruct, improve, add to, enlarge, City of Miami Page 1 of 2 File Id: 03-0179 (Version: 1) Printed On: 8/19/2016 File Number: 03-0179 Enactment Number: R-03-1155 change the voltage or the size of, or remove any and all such facilities within the easement with full right of ingress and egress. Section 3. The City Manager is authorized{1} to execute a Grant of Easement, in substantially the attached form, with FPL, subject to Bunkers of Miami, a Florida Joint Venture, executing a Joinder and Consent to this Easement, attached and incorporated, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 03-0179 (Version: 1) Printed On: 8/19/2016